The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case requires a strict punishment for obstructing the performance of official duties for the establishment of public authority and the protection of legal order. The crime of this case is an assault against two police officers dispatched by the defendant due to the influence of alcohol, and the nature of the crime is not easy. However, in light of the fact that the defendant has no criminal history exceeding a fine or criminal record of the same kind, the defendant recognizes and reflects a criminal act, and other sentencing conditions as shown in pleadings, such as the defendant's age, sex, behavior, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.